Montebello Municipal Code Ch. 15.04 California Building Code

Footnotes:

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Prior history: Ords. 2023 and 2049.

Subject to certain changes and amendments as hereinafter set forth in this chapter, the city council does adopt as the building regulations for the city, the California Building Code (Title 24 or "CBC") based on the International Building Code, and as thereafter amended and published from time to time, by the California Building Standards Commission (hereinafter referred to as the "code"). The code consists of a published compilation of rules, regulations, and standards pertaining to the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings and all structures. The code shall govern, regulate and control all of the activities therein referred to be conducted within the city. One copy of the code is on file in the office of the city clerk for public inspection, and the same is made a part thereof as though fully set in this chapter.

(Ord. 2260 § 1, 2003: Ord. 2197 § 1, 1999: Ord. 2166 § 1, 1997: Ord. 2067 § 1 (part), 1992: prior code § 8100 (a))

(Ord. No. 2336, § 2, 3-10-2010; Ord. No. 2347, § 1, 12-14-2011; Ord. No. 2356, § 2, 2-26-2014; Ord. No. 2392, § 2, 1-25-2017; Ord. No. 2421, § 31, 5-13-2020; Ord. No. 2424, § 31, 5-27-2020)

The building division is designated and authorized to enforce the regulations of this chapter. The code enforcement division is authorized to enforce the regulations of this chapter, subject to the approval of the building division.

(Ord. No. 2336, § 3, 3-10-2010)

Editor's note— Ord. No. 2392, § 3, adopted Jan. 25, 2017, deleted § 15.04.015, which pertained to automatic fire sprinkler system and derived from Ord. 2197 § 2, 1999; and Ord. No. 2336, § 4, 3-10-2010.

Work Exempt From Permit. A building permit shall not be required for the following:

Wooden or chain link fences not over six feet high and masonry garden walls less than three feet high measured from the top of the footing to the top of the wall, unless supporting a surcharge or impounding class I, II, or III - A liquids.

(Ord. 2166 § 2, 1997: Ord. 2067 § 1 (part), 1992: prior code § 8100 (b) (part))

(Ord. No. 2336, § 5, 3-10-2010)

Building Permit Fees. A fee for each building permit shall be paid to the City in an amount set by City Council resolution.

Plan Checking Fees. When the valuation of the proposed construction exceeds one thousand dollars and a plan is required to be submitted by subsection 107, a plan checking fee, in an amount set by City Council resolution, shall be paid to the City at the time of submitting plans and specifications for checking.

When plans are incomplete, or changed so as to require additional plan checking, an additional plan check fee shall be charged at a rate established by the Building Official.

(Ord. 2166 § 3, 1997: Ord. 2067 § 1 (part), 1992: prior code § 8100 (b) (1))

(Ord. No. 2336, § 6, 3-10-2010; Ord. No. 2356, § 3, 2-26-2014; Ord. No. 2392, § 4, 1-25-2017; Ord. No. 2421, § 32, 5-13-2020; Ord. No. 2424, § 32, 5-27-2020)

Section 113.1 of the California Building Code is hereby amended to read as follows:

Section 113.1. Board of Appeals Designated.

In order to determine the suitability of alternate materials and types of construction, and to provide reasonable interpretation of the provisions of this Code, the City Council shall act as the Board of Appeals, as referred to in this Code. The City Council shall serve as the "Housing Appeals Board" and the "Local Appeals Board," as those terms are defined in the CBC.

(Ord. No. 2336, § 7, 3-10-2010; Ord. No. 2356, § 4, 2-26-2014)

Editor's note— Ord. No. 2392, § 5, adopted Jan. 25, 2017, deleted § 15.04.033, which pertained to CBC Section 1507.1 amended and derived from Ord. 2166 § 4, 1997: Ord. 2049 § 2, 1991; prior code § 8100(b)(3); and Ord. No. 2336, § 8, 3-10-2010.

All re-roofing shall conform to the applicable provisions of the California Building Code. Roofing materials and methods of application shall comply with the CBC Standards or shall follow manufacturer's installation requirements when approved by the Building Official. Unless otherwise approved by the Building Official, all existing wood shake or wood shingle roofing material shall be removed completely. Additionally, where applicable, a minimum of one-half inch thick plywood sheathing shall be installed in accordance with the requirements of the 2019 California Building Code prior to the installation of new roofing.

(a) Roof Covering. All re-roofing shall be fire retardant with a minimum class C classification unless otherwise approved by the Building Official.

(b) Repairs. Not more than twenty-five percent of the roof covering of any building or structure shall be replaced in any twelve-month period unless the new roof covering is made to conform to the requirements of this code for new construction.

(c) Materials and methods of application. Roofing materials and methods of application shall comply with applicable California Building Code Standards or shall follow the Manufacturer's installation requirements when approved by the Building Official.

(Ord. 2197 § 3, 1999; Ord. 2166 § 5, 1997: Ord. 2049 § 3, 1991; prior code § 8100(b)(4))

(Ord. No. 2336, § 9, 3-10-2010; Ord. No. 2356, § 5, 2-26-2014; Ord. No. 2421, § 6, 5-13-2020; Ord. No. 2424, § 6, 5-27-2020)

Editor's note— Ord. No. 2421, § 6, adopted May 13, 2020, changed the title of § 15.04.036 from "CBC Section 1510.1, amended" to read as herein set out.

Every new building of any type of construction or occupancy over three stories in height.

(Ord. 2166 § 6, 1997: Ord. 2067 § 1 (part), 1992: prior code § 8100 (b) (2))

(Ord. No. 2336, § 10, 3-10-2010; Ord. No. 2421, § 7, 5-13-2020; Ord. No. 2424, § 7, 5-27-2020)

Editor's note— Ord. No. 2421, § 7, adopted May 13, 2020, changed the title of § 15.04.040 from "CBC Section 903.2 amended" to read as herein set out.

In the case of any conflict between the provisions of this chapter, and those of Title 17 of this code, the most restrictive shall apply.

(Prior code § 8101)

Notwithstanding the provisions of Sections 15.04.010 through 15.04.040 which have the effect of adopting the California Building Code by reference, with certain amendments thereto, as the building regulations of the city, variances from the provisions thereof may be granted in the manner hereinafter prescribed where practical difficulties, unnecessary hardships or results inconsistent with the intent and purpose of the building regulations occur by reason of the strict and literal interpretation and application of any of the provisions to a proposed or existing building or structure.

A. Granting of Variance. Before any variance hereunder is approved, the applicant must show to the satisfaction of the city council the existence of all the following facts:

1. That there are exceptional or extraordinary circumstances or conditions which apply to the proposed or existing building or structure by reason of its type of construction or proposed usage, which do not generally apply to other buildings or structures;

2. That without the granting of such a variance the proposed or existing building or structure cannot be accommodated by reason of the building regulations imposed by the code;

3. That the granting of the variance will not constitute a special privilege nor will the building or structure be structurally inadequate or hazardous nor will it constitute a fire hazard; and

4. That the granting of such variance will be consistent with the purpose and intent of the provisions of the California Building Code.

B. Procedure.

1. A person desiring to obtain a variance from the provisions of the building regulations of this city shall file a written application therefore with the building official. The application shall be upon a form prepared by the building official and shall contain the following information:

a. The name and address of the owner of the property or his designated agent;

b. The description and location of the property upon which it is proposed to construct the building or structure;

c. A detailed set of plans showing the proposed construction;

d. A statement of how, and in what manner, the proposed or existing building or structure cannot be made to comply with the existing building regulations, and the reasons therefore; and

e. Such other relevant information as may be required to explain and delineate the nature of, and reason for, the requested variance.

2. Upon receipt of such an application, the building official shall advise the city clerk thereof, who shall place the matter upon the council agenda for its next most convenient meeting. The applicant, and any other person requesting the same, shall be given five days' written notice of the time and place when the matter will be heard. The notice shall be by the United States mail, postage prepaid, addressed to such person at his last known address.

C. Council Action.

1. At the time and place for the hearing upon the variance application, the city council shall give the applicant, and any other person interested in such matter, a reasonable opportunity to be heard. The applicant shall have the burden of proof to show that all of the facts required by subsection B of this section are present and apply to his application. Based upon the evidence presented, and any applicable staff reports submitted, the city council shall approve, conditionally approve, or deny such application. If the council finds such facts are present, it shall approve the variance.

2. Such approval may be conditioned so as to render the construction or reconstruction consistent with the purpose of the building regulations, and compatible with adjacent and surrounding uses. If such facts are found not to exist the application shall be denied.

3. The city council may continue the hearing from time to time as may be necessary, at its discretion. The action of the council shall be final and conclusive.

(Ord. 2166 § 7, 1997: Ord. 2067 § 2, 1992; prior code § 8103)

(Ord. No. 2336, § 11, 3-10-2010)

A. Improvements Required. Any building permit, issued pursuant to the provisions of this code, for the construction or reconstruction of any building or structure, the estimated cost of which is in excess of seven thousand five hundred dollars shall be issued subject to the condition that the permittee shall construct and install curbs, gutters and sidewalks at his sole expense, in and along all street frontage abutting the lot or lots on which the building or structure is located or to be located, except that:

1. Curbs, gutters and sidewalks on one-half acre lots, or larger in the R-A zone, shall only be required in and along one hundred feet of street frontage, located adjacent to the proposed structure.

2. Sidewalks shall not be required along any industrial street designated as such by city council resolution.

3. The design of all curb and gutter in and along industrial streets, as designated by city council resolution, shall conform to the street design therefor, approved by city council resolution.

B. Construction of Improvements.

1. Location. To insure uniformity of development, and adaptation to local conditions, curbs, gutters and sidewalks, or curbs and gutters shall be located as designated by the city engineer.

a. Public Right-of-Way. Curbs, gutters and sidewalks, or curbs and gutters, shall be constructed within the dedicated public right-of-way, except as hereinafter provided.

b. Insufficient Right-of-Way. Whenever the public right-of-way is of insufficient width to permit the location of the improvements therein, the improvements shall be constructed wholly or partially on private property, and, thereafter, the improvements so located on private property, shall be deemed the property of the property owner and shall be maintained by him until such time as an offer of dedication, as to the improvements and right-of-way, is made by the owner and accepted by the city.

2. Standards of Construction. Curbs, gutters and sidewalks shall be constructed in accordance with city standards therefor.

3. Width of Sidewalks.

a. Residential Zones. Sidewalks in all residential zones shall be a width of five feet, except where a greater or lesser width is directed by the city engineer, in order to adapt the width of sidewalks to existing local conditions and situations.

b. Commercial and Manufacturing Zones. Sidewalks in all C and M zones shall be constructed in and along the entire width of all parkway areas abutting the lot or lots for which a building permit is issued, except:

i. For such portions of the parkway area in which the owner desires to install landscaping, the plans for which have been submitted to the city council for approval; and

ii. Relating to such lots where a greater or lesser width is authorized by the city engineer, in order to adapt the width of sidewalks to existing local conditions and situations.

4. Faulty or Defective Curbs, Gutters or Sidewalks. Whenever the construction inspector finds that the existing curbs or gutters, or sidewalks, or driveway approaches, or any of them, are faulty or defective and represent a danger to the public safety, the issuance of such a building permit shall be conditioned so as to require the repair, or removal and reconstruction of the improvements.

C. Exemption.

1. Whenever the city manager, upon written application therefor, finds:

a. That the requirements of subsection A of this section work an undue hardship upon the permittee;

b. That the public health, safety and welfare do not require the construction of the improvements described in subsection A of this section; and

c. That such permittee agrees, in writing, to waive any right to protect any special assessment district proceedings which contemplate the construction of the improvements as described in subsection A of this section, the city manager may waive the requirements of subsection A of this section,

2. The city manager may exempt properties from the application of subsection A of this section when it finds that the public interest, convenience and necessity so requires, by reason of unusual and extraordinary circumstances applicable to such properties, such as, imprecise alignment of abutting future street rights-of-way, destruction, or impairment of the use of buildings, or vehicular access.

(Prior code § 8104)

The building inspector shall deny final approval and acceptance, and final public utility connection, for any building or dwelling until:

A. The curbs, gutters and sidewalks are constructed, or such construction and installation are guaranteed by the deposit with the city of cash, of an instrument of credit as that phrase is defined in Section 66499 of the Government Code of the state, in an amount equal to the fee schedule as established by resolution of the city council; and

B. Whenever the city engineer determines that, due to a proposed future street widening, it is impractical to construct curbs, gutters and sidewalks, as required by Section 5.04.070, he shall require the applicant, for a building permit relating to property affected by such widening, to deposit with the city treasurer an amount equal to the estimated cost of construction of such improvements, and require the applicant to execute an agreement with the city, to be executed by the city engineer on behalf of the city, permitting the city to cause such improvements to be constructed using the proceeds of such deposit, at such time as it is practical, in the judgment of the city engineer, to so construct.

(Ord. 2070 § 30, 1992: prior code § 8105)

A. Every person in possession of land within the city, either as owner, purchaser under contract, lessee, tenant or licensee, upon which is situated a swimming pool shall, at all times maintain on the lot or premises upon which such pool is located and completely surrounding such pool, lot or premises, a fence or other solid structure not less than five feet in height with no opening therein (other than doors or gates) larger than six inches square. All gates or doors opening through such enclosure shall be kept closed at all times when not in actual use and shall be equipped with a self-closing and self-latching device placed not less than four feet from the bottom of such structure designed to keep and capable of keeping such door or gate securely closed at all times and when not in actual use; provided, however, that the door of any dwelling occupied by human beings and forming any part of the enclosure hereinabove required need not be so equipped.

B. All plans hereafter submitted to the city for swimming pools to be constructed shall show compliance with the requirements of this section, and final inspection and approval of all pools hereafter constructed shall be withheld until all requirements of this section shall have been complied with.

C. The provisions of this section shall not apply to public swimming pools for which a charge or admission price is required to be paid for use thereof.

D. As used in this section, a swimming pool is any structure intended for swimming or recreational bathing that contains water over twenty-four (24) inches deep. This includes in-ground, aboveground, and on-ground swimming pools and spas, and fixed in-place wading pools.

(Ord. 2197 § 4, 1999; prior code § 8106)

The provisions of this section shall apply to all work, for which a building permit is required, on property within any hillside areas, as defined in Section 15.48.050, in addition to the regulations as set forth in this chapter and Chapter 15.48 of this code. In all such cases, the building inspector shall not give final approval to any such work until he finds that each of the following regulations have been complied with:

A. Compliance With Grading Regulations:

1. Filing of a grading certificate from the city engineer; or

2. Compliance with each of the following regulations in all cases where a grading permit is not required:

a. Section 15.48.260, grading in relation to property lines,

b. Section 15.48.270, Consent of adjacent property owner,

c. Section 15.48.280, Time of work,

d. Section 15.48.290, Building pad development,

e. Section 15.48.310 through 15.48.340, excavating,

f. Section 15.48.350 through 15.48.450, fills,

g. Section 15.48.480, Slope planting and irrigation,

h. Section 15.48.500, drainage (general),

i. Section 15.48.550, maintenance of grading and protective devices.

B. Gutters. Eave and/or ground gutters shall be provided to receive all roof water and deliver it through a nonerosive device to a street or watercourse.

C. Maintenance of Drainage. Drainage in conformance with the provisions of this code shall be maintained during and subsequent to construction.

D. Driveway Design. Driveways shall be designed to comply with all zoning regulations; provided, that the maximum gradient thereof shall not exceed twenty percent.

E. Building Construction. No building shall be constructed upon two-horizontal-to-one-vertical slope or steeper, except that the building official shall permit construction upon slopes steeper than 2.1; provided, that a soils report from a qualified soils engineer or engineering geologist is filed indicating that the existing soil condition will permit such construction. Where allowed, adequate provision shall be made to prevent downhill creep of the footings.

1. Clearance.

a. No building or structure shall be located closer to the toe of any two-to-one or steeper, cut or fill slope than the following:

i. A minimum of three feet provided the slope does not exceed six feet in vertical height;

ii. One-half the vertical height with a maximum of fifteen feet where the slope exceeds six feet in height.

b. Notwithstanding the foregoing, attached or detached open carports or detached garages may be constructed a minimum of three feet clear of the toe of conforming cut or fill slopes.

2. Building Construction on Compacted Filled Ground. (General). No building shall be located within a horizontal distance of forty feet from the top of an inclined fill slope which exceeds one hundred feet in vertical height measured from the toe to the top of the fill unless the building is designed to withstand the resulting total and differential settlements. The soils engineer shall submit evidence of the anticipated settlement behavior. (See Exhibit 15.04.100 (J) for further setback specifications.)

3. Footing Elevations.

a. On graded hillside sites the top of footing stem or finish floor, if a concrete slab, shall extend above the elevation of the low point of the street curb a minimum of six inches, plus two percent of the distance from the footing to the curb.

b. Where the site drains to an approved drainage device, the footings shall extend above the elevation of the low point of the device a minimum of six inches, plus two percent of the distance from the footing to the device. In no event shall the top of the footing or finished floor elevation be less than six inches above the finished building pad elevation.

4. Slough Wall. If potential sloughing hazards affecting buildings or structures are present on cut or fill slopes in excess of twenty feet in vertical height, where such slopes parallel the buildings or structures, slough protection devices may be required by the department.

F. Building Construction Upon Excavations or Fills or in Areas Subject to Drainage or Slide Hazards. When buildings are to be constructed on sites which result from grading performed pursuant to Chapter 15.48 of this code or in areas where hazardous soil conditions exist, then in additional to all other applicable provisions of this code, the following requirements shall be complied with:

1. No building inspections shall be made for approvals given thereto until the city engineer has certified compliance with the rough grading as detailed on the grading plan and has received the soils and geological reports.

2. No final building inspections shall be made or approvals given thereto until the city engineer has certified compliance with Chapter 15.48 of this code.

3. No building shall be constructed in a natural watercourse or an area subject to inundation unless provisions have been made, to the satisfaction of the city engineer, to protect he building and adjacent properties from damage or inundation.

4. No building shall be constructed where the proposed building site is in an area subject to slides or unstable soil unless provision has been made, to the satisfaction of the city engineer, to protect the building and adjacent properties from damage.

G. Old Fills.

1. All manmade fills which were not constructed under a valid grading permit issued by the city shall be tested for relative compaction by an approved soil testing agency before any building permit is issued for a building structure proposed to be located thereon. No building permit shall be issued if the site conditions, as reported upon by the soil testing agency, do not conform with the requirements of this code.

2. Buildings designed specifically for soil conditions applicable to the site may be approved by the building official and/or his/her designee if sufficient evidence is submitted to the building official accommodating the soil condition by reason of the resultant building design.

H. Measurement of Settlement. The building official may require the determination of a soils engineer regarding settlement characteristics of such fills to establish that movements have substantially ceased. In such cases, a system of benchmarks shall be installed at critical points on the fill and accurate measurements of both horizontal and vertical movements shall be taken for a period of time sufficient to define settlement behavior.

I. Landscaping Required. In addition to the required landscaping of slopes, all building pads shall be landscaped or surfaced to prevent dust, mud, erosion or unsanitary conditions.

J. Appendix A. Attached hereto, and incorporated herein by this reference is that certain document entitled "Exhibit 15.04.100(J)—Montebello Municipal Code—Building Regulations," dated April 24, 1967, which contains certain charts, diagrams and standards relating to building construction in hillside areas. All property in any hillside area shall be improved and maintained in conformity with the charts, diagrams and standards as set forth in Exhibit 15.04.100(J).

(Prior code § 8107)

(Ord. No. 2421, § 8, 5-13-2020; Ord. No. 2424, § 8, 5-27-2020)

Exhibit 15.04.100(J)

MONTEBELLO MUNICIPAL CODE BUILDING REGULATIONS April 24, 1967

[Figure]

Exhibit 15.04.100(J)

MONTEBELLO MUNICIPAL CODE BUILDING REGULATIONS April 24, 1967

[Figure]

Exhibit 15.04.100(J)

MONTEBELLO MUNICIPAL CODE BUILDING REGULATIONS April 24, 1967

REQUIRED SETBACKS

[Figure]

Exhibit 15.04.100(J)

MONTEBELLO MUNICIPAL CODE BUILDING REGULATIONS April 24, 1967

DRAINAGE SWALE DETAILS

[Figure]

The width and location of all driveways hereafter constructed, or reconstructed, within the city shall be in accordance with the provisions of this section.

A. Definitions.

1. "Driveway" means that portion of a dedicated street between the right-of-way line and curb, or the edge of the pavement, if no curb exists, where motor vehicles travel when entering or leaving property abutting the street.

2. "Driveway width" means the net width thereof, exclusive of side slopes and returns, measured along the curb line or, if none exists, measured along a line parallel to the centerline of the street.

B. Width of Driveways. The city engineer shall approve the width of driveways so as to insure that the same will not constitute a hazard to pedestrian and/or vehicular traffic, nor encroach upon, or constitute a nuisance as to, adjacent and/or abutting properties.

C. Location of Driveways. The city engineer shall approve the location of driveways so as to insure that the same will not constitute a hazard to pedestrian and/or vehicular traffic, nor encroach upon, or constitute a nuisance as to, adjacent and/or abutting properties.

D. Construction. All driveways shall be constructed in accordance with the city standards therefor.

(Prior code § 8122.1)

CBC Section 105.5 Expiration, added to read as follows:

Pursuant to Assembly Bill No. 2913, a permit would remain valid for purposes of the California Building Standards Law if the work on the site authorized by that permit is commenced within 12 months after issuance, unless the permittee had abandoned the work authorized by the permit or the work is suspended by the building official. The permittee shall request an extension in writing and demonstrate justifiable causes for the extension prior to the permit expiration. The building official may grant in writing, one or more extensions of time for periods of not more than 180 days per extension to a maximum of 3 years from the issuance date of the permit. An extension fee shall be paid pursuant to the fee schedule.

Once the work has started and the first required inspection has been passed, the permittee must show that the work is progressing by passing a valid inspection at least every 180 days. If these progress requirements are not met, the permit will expire. This would apply regardless of when the first inspection took place within the first year of the life of the permit.

Work can recommence on an expired permit, a new permit will be required and a new fee equal to 50 percent of the original permit fee shall be payable provided the suspension or abandonment has not exceeded 3 years from the issuance date of the original permit.

Double permit fee shall be paid for work done without a permit.

(Ord. No. 2421, § 9, 5-13-2020; Ord. No. 2424, § 9, 5-27-2020)

All cannabis facilities either new construction or through remodeling tenant improvements are deemed "H" occupancies.

(Ord. No. 2421, § 10, 5-13-2020; Ord. No. 2424, § 10, 5-27-2020)